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Please read these terms of use carefully before using this
site. By using this site, you agree to these terms of use.
If you do not agree to these terms of use, please do not
use this site.
| 1. |
Ownership. All textual, graphical and
other content appearing on this World Wide Web site
("Web Site"), unless otherwise noted, are the property
of Anesthesiologists Associates of Wisconsin Copyright
2005-2010
Anesthesiologists Associates of Wisconsin, 2801 W Kinnickinnic Parkway,
Milwaukee, Wisconsin 53215 U.S.A. All Rights Reserved. |
| 2. |
Use. You may view, copy, print and use
content contained on this Web Site solely for your
own personal use and provided that: (1) the content
available from this Web Site is used for informational
and non-commercial purposes only; (2) no text, graphics
or other content available from this Web Site is
modified in any way; and (3) no graphics available
from this Web Site are used, copied or distributed
separate from accompanying text. Nothing contained
herein shall be construed as conferring by implication,
estoppels, or otherwise any license or other grant
of right to use any patent, copyright, trademark,
or other intellectual property of AAW,
or any third party, except as expressly provided
herein. |
| 3. |
General. This site is owned and operated
by Anesthesiologists Associates of Wisconsin. (referred
to as "AAW"). AAW has the
right
at any time to change or discontinue any aspect
or feature of the site, including, without limitation,
the content, hours of availability, and equipment
needed for access or use of the site. |
| 4. |
Equipment. You shall be responsible for
obtaining and maintaining all telephone, network,
computer hardware, and other equipment needed for
access to and use of the site and all charges related
thereto. |
| 5. |
Restrictions on Use.
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A. |
You shall use the site for lawful purposes
only. You shall not post or transmit through
the site any material which violates or
infringes in any way upon the rights of
others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane,
or otherwise objectionable, which encourages
conduct that would constitute a criminal
offense, gives rise to civil liability or
otherwise violate any law. Without AAW's express prior approval,
you
shall not post or transmit through the site
any material which contains advertising
or any solicitation with respect to products
or services. You shall not use the site
to advertise or perform any commercial solicitation,
including, without limitation, the solicitation
of users to become subscribers of other
on-line information services competitive
with the site. Any conduct by you that in
AAW's discretion restricts
or inhibits any other user from using or
enjoying the site will not be permitted. |
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B. |
The site contains copyrighted material,
trademarks and other proprietary information,
including, without limitation, text, software,
photos, video, graphics, music, and sound;
and the contents of the site are copyrighted
under the United States copyright laws.
You may not modify, publish, transmit, display,
participate in the transfer or sale, create
derivative works, or in any way exploit,
any of the content, in whole or in part.
Except as otherwise expressly permitted
under copyright law, no copying, redistribution,
retransmission, publication or commercial
exploitation of downloaded material will
be permitted without the express written
permission of AAW and
the copyright owner. In the event of any
permitted copying, redistribution or publication
of copyrighted material, no changes in or
deletion of author attribution, trademark
legend or copyright notice shall be made
and no ownership rights shall be transferred. |
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C. |
You shall not e-mail, upload, post or
otherwise make available on the site any
material protected by the copyright, trademark,
or other proprietary right without the express
permission of the owner of the copyright,
trademark, or other proprietary right and
the burden of determining that any material
is not protected by copyright rests with
you. You shall be solely liable for any
damage resulting from any infringement of
copyrights, proprietary rights, or any other
harm resulting from such a submission. Subject
to AAW's policies regarding
privacy, any e-mails, notes, message/billboard/forum
postings, ideas, suggestions, concepts,
or other material submitted will be treated
as non-confidential and non-proprietary
and will become the property of AAW throughout the universe. By
submitting
material to AAW, you automatically
grant, or warrant that the owner of such
material has expressly granted AAW the royalty-free, worldwide,
perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt,
publish, display, translate, and distribute
such material (in whole or in part) and/or
to incorporate it in other works in any
form, media or technology now known or hereafter
developed. You also permit any other user
of the site to access, view, store, or reproduce
the material for that user's personal use.
You grant AAW the right
to edit, copy, display, publish, and distribute
any materials made available on the site
by you. |
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D. |
The foregoing provisions of Section
5 are for the benefit of AAW,
its subsidiaries, affiliates and its third
party content providers and licensors and
each shall have the right to assert and
enforce such provisions directly or on its
own behalf. |
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| 6. |
Disclaimer of Warranty; Limitation of Liability.
|
A. |
You expressly agree that use of the
site is at your sole risk. Neither AAW, its affiliates nor any of
their
respective employees, agents, third party
content providers or licensors warrant that
the site will be uninterrupted or error
free; nor do they make any warranty as to
the results that may be obtained from use
of the site, or from the information contained
therein, or as to the accuracy or reliability
of any information, service or merchandise
provided through the site. |
|
B. |
The site is provided on an "as is" basis
without warranties of any kind, either express
or implied, including, but not limited to,
warranties of title or implied warranties
of merchantability or fitness for a particular
purpose, other than those warranties which
are implied by and incapable of exclusion,
restriction or modification under applicable
law. Additionally, there are no warranties
as to the results obtained from the use
of the site. |
|
C. |
This disclaimer of liability applies
to any damages or injury caused by any failure
of performance, error, omission, inaccuracy,
interruption, deletion, defect, delay in
operation or transmission, computer virus,
communication line failure, theft or destruction
or unauthorized access to, alteration of,
or use of this site, whether for breach
of contract, tortious behavior (including
strict liability), negligence, or under
any other cause of action, to the fullest
extent permissible by law. This does not
affect any statutory rights which may not
be disclaimed. You specifically acknowledge
that AAW is not liable
for the defamatory, offensive or illegal
conduct of other users or third-parties
over which it has no control. |
|
D. |
To the fullest extent permissible by
law, in no event shall AAW’s
total liability to you for all damages,
losses and causes of action whether in contract,
tort (including its own negligence) or under
any other legal theory (including strict
liability) exceed the amount paid by you,
if any, for accessing this site. This does
not affect any statutory rights which may
not be disclaimed. |
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| 7. |
Monitoring. AAW shall
have the right in its sole discretion to refuse
to post or remove any material submitted to or posted
on the site. Without limiting the foregoing, AAW
shall have the right to remove any material
that AAW, in its sole discretion,
finds to be in violation of the provisions hereof
or otherwise objectionable. |
| 8. |
Indemnification. You agree to defend,
indemnify and hold harmless AAW
and its affiliates and their respective directors,
officers, employees and agents from and against
any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses (including reasonable
attorneys' fees) arising out of your use of the
site. |
| 9. |
Trademarks. AAW and
each of their logos are trademarks of AAW. All rights reserved. All other
trademarks appearing on the site are the property
of their respective owners. |
| 10. |
Third Party Content. AAW
is not a publisher of content supplied by third
parties and users of the site. Accordingly, has no more editorial control over such
content than does a public library, bookstore, or
newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed
or made available by third parties, including information
providers and users, are those of the respective
author(s) or distributor(s) and not of AAW. In many instances, the content available
through the site represents the opinions and judgments
of the respective information provider or user.
AAW neither endorses nor is responsible
for the accuracy or reliability of any opinion,
advice or statement made on the site by anyone other
than authorized AAW employee spokespersons
while acting in their official capacities. |
| 11. |
Viruses. AAW also assumes
no responsibility, and shall not be liable for,
any damages to, or viruses that may infect, your
computer equipment or other property on account
of your access to, use of, or browsing in the Site
or your downloading of any materials, data, text,
images, video, or audio from the Site. |
| 12. |
Export Control. Software and other materials
from this Site may also be subject to United States
Export Control. The United States Export Control
laws prohibit the export of certain technical data
and software to certain territories. No software
from this Site may be downloaded or exported (1)
into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other country
to which the Unites States has embargoed goods;
or (2) anyone on the Unites States Treasury Department's
list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. AAW does not authorize the downloading or
exportation of any software or technical data from
this Site to any jurisdiction prohibited by the
United States Export Laws. |
| 13. |
Business Associates. The business associates
of AAW identified on this Site
are independent contractors of AAW.
The business associates are not joint ventures or
partners of AAW. No employee or
representative of the business associates is under
the control of AAW. |
| 14. |
Links. AAW Web site
incorporates links to other Web sites. AAW does not in any way endorse, nor is it
responsible for, the content on those other Web
sites. |
| 15. |
Changed Terms. AAW
has the right at any time to change or modify the
terms and conditions applicable to use of the site,
or any part thereof, or to impose new conditions,
including, without limitation, adding fees and charges
for use. Such changes, modifications, additions
or deletions shall be effective immediately upon
notice thereof, which may be given by any means
including, without limitation, posting on the site,
or by electronic or conventional mail, or by any
other means. Any use of the site by you after such
notice shall be deemed to constitute acceptance
of such changes, modifications, additions or deletions.
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| 16. |
Miscellaneous. These terms of use constitute
the entire agreement of the parties with respect
to the subject matter hereof and supersede all previous
written or oral agreements between the parties with
respect to such subject matter. These terms of use
shall be construed in accordance with the laws of
the State of Wisconsin, without regard to its conflict
of laws rules. You hereby consent to the personal
jurisdiction of the State of Wisconsin, acknowledge
that venue is proper in any state or Federal court
in the State of Wisconsin, agree that any action
related to these terms of use must be brought in
a state or Federal court in the State of Wisconsin,
and waive any objection that may exist, now or in
the future, with respect to any of the foregoing.
No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section
headings used herein are for convenience only and
shall not be given any legal import. |
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